Is This As Complicated As I'm Finding It...........

[Jeza]

I don't particularly want POA but Mics care costs, pads, special diet cost a lot of money. More than his in comings. I spoke to the building society where his ISA's are and told them I had been appointed his appointee so would they pay these bills out of his money. A big NO. So I rang a solicitor. She said to get POA it would cost £240 to register plus her fees. When asked what her fees were she said up to £1000. So I've had to unleash my savings to pay his bills. I can live with this to a point. Here is the rub. When Mic was assessed we were told he would have to pay full care costs until his money was below the threshold, but it's not his money that's going down. When I have spent all my savings Mic still has his so will still be paying even though I do not have access to them. Is there a way round this without exorbitant solicitors fees.
I must add that Mic would sign that money over in an instant but he is bed ridden and can't hold a pen or anything else for that matter.
Sorry if this is a tad long.

[Buenchico]

I'm a bit out of my depth here but I'll try to point you in the right direction anyway.

First decide whether it's an Ordinary Power of Attorney or a Lasting Power of Attorney that's required. (See my first link below)

The advantage of OPAs is that there's no requirement to register them with a central authority (saving on some fees). The disadvantage is that they need to be created individually, which means that you'll need a competent adviser. (That would usually be an expensive solicitor but your local CAB might have access to the services of someone who could do the job at a reduced rate or even without charge).

LPAs have to be registered (incurring fees) but, because they use standard forms, there is no need to use a solicitor (thus saving on even bigger fees).

See here
http://www.adviceguide.org.uk/england/relationships_e/relationships_looking_after_people_e/managing_affairs_for_someone_else.htm
and here
https://www.gov.uk/government/collections/lasting-power-of-attorney-forms

[237SJ]

You can create Lasting Power of Attorney without a solicitor. Some companies such as Lawpack do this. You can also do it online via the government site (it still costs to register it) but I`m not sure of the situation if the person concerned is not able to fill out forms/sign etc. You might want to get advice from the CAB about that. Section 3 relates to the forms (online or paper)

https://www.gov.uk/power-of-attorney/overview

[Jeza]

Thanks Chris, I knew you would come through. I will investigate in the morning. I'm off to bed now as I'm shattered.

[Jeza]

Thanks to you too 237. I will check all in the morning.

[choux]

Have you looked on the Age UK website?

http://www.ageuk.org.uk/products/financial-products-and-services/legal-services/

[bhg481]

Doing Lasting Power of Attorney online is straightforward - you can fill-in the forms and print them off. All it needs then is a witnessed signature, so little writing involved - a scribble would do, so long as it's witnessed.
Look up the forms and try filling them in online - you've NOTHING to lose; it doesn't cost you anything until you send them off. You can pay by credit card (£110) and they will ring you up to ask for the card details. Give it a go.

[factor-fiction]

You may also need to check whether:
(a) the NHS should actually be paying her fees
(b) whether her money and yours are treated as separate, because I'd have thought they'd be counted together (otherwise any couple could avoid paying for one simply by transferring money to the other)

[Peter Pedant]

and keep good accounts
even if you have a joint account where either can access,
under certain circs the money is partitioned ( x is hers and y is his )

[Dee Sa]

Ii

[EDDIE51]

As Choux suggests get hold of AgeUk they are experts in this type of sitution and they are free , possibly they will even do the POA for you free or at cost.

[Jeza]

Thank you Eddie, I'm going to exploring all angles.

[tonyav]

Good luck, Jeza, about time something went your way.

[ubasses]

If there is any chance that Mic may lose mental capacity in the future an Ordinary POA will become invalid. It would probably be better for you to opt for the Lasting POA to prevent you ending up back at square one at any time.

[Jeza]

Thanks for that ubas.

[factor-fiction]

Sorry jeza- I got my 'her' and 'his' mixed up in my post